Dulari Devi @ Dulariya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26040 of 2019 Arising Out of PS. Case No.-95 Year-2015 Thana- GHOSI District- Jehanabad ====================================================== DULARI DEVI @ DULARIYA DEVI Wife of Ambika Yadav @ Amak Yadav, Resident of village Karhara P.S. Ghoshi, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Ghosi P.S. Case No. 95 of 2015, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code. The petitioner's application for grant of anticipatory bail was earlier rejected by an order dated 30.06.2016, passed in Cr. Misc. No. 25054 of 2016. The petitioner is the mother-inlaw of the deceased. Learned counsel the petitioner has submitted that the brother of the husband of the deceased and some others have been acquitted.

In view of the subsequent development, this anticipatory bail has been filed. Apparently because of the

Patna High Court CR. MISC. No.26040 of 2019(2) dt.22-04-2019 2/2 absence of the petitioner in course of trial, the trial against her could not begin and concluded. Her prayer for anticipatory bail cannot be, therefore, maintained.

The application is accordingly rejected.

However, in the facts and circumstance, it is directed that if the petitioner surrenders before the court below within four weeks from today, her application for anticipatory bail shall be considered on its own merit on the same day. (Chakradhari Sharan Singh, J) HR/- U T